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ENB-13.04 - Fee Refunds

Administrative Rules Adopted by Bureaus Pursuant to Rule Making Authority (ARB)
Policy number
ENB-13.04
FEE REFUNDS
Administrative Rule Adopted by Bureau Pursuant to Rule-Making Authority
ARB-ENB-13.04

General Policy:
1. Permit and plan check fees will, as a general rule, be refunded when the services covered by the fee have not commenced, and the permit or plan review fees were paid incorrectly due to an error on the part the City.
2. When a permit applicant requests a refund, but the City was not at fault in accepting payment, fees shall be retained to cover the cost of plan review or inspections actually performed and 20% of the amount remaining. (See also UBC Section 304(e)).
3. State surcharge fees are only refundable when a permit was issued in error.
4. Requests for refunds must be made within six months of payment or permit issuance, whichever is later.
5. Refunds are to be made to the same person or firm who paid the fee.
6. Exceptions to the above requirements may only be made by Division Managers or the Bureau Director.

Procedure:
1. A refund request must be made by the applicant on a form provided by the Bureau. The request should state briefly what fees are to be refunded, the amount, date paid, receipt number, permit/plan check number, and the circumstances requiring the refund.
2. The request should be reviewed by a Section Supervisor or the Permit Center Supervisor, who will review it with staff person who last reviewed the application or who is responsible for the inspection.
3. The Section Supervisor or Permit Center will approve or disapprove the request by signing the Refund Authorization Request form and will submit the form to the Clerical Specialist in the Bureau's Budget/Payroll Section.
4 . The Clerical Specialist will complete an APRON and forward it with the refund request information to the Administrative Services Director.
5. The Administrative Services Director will review the refund request and approve or disapprove it by signing or not signing the APRON.
EXAMPLE:  Residential unit - plan review completed, permit issued, no inspections done, refund requested by owner, no error on part of City.
a. Keep plan check fee.
b. For county permits, keep 1/3 of zoning review and inspection fee (cash reg. #23).
c. Keep surcharges.
d. Keep microfilm and Regulatory Review fees.
e. Refund 80% of remainder.

HISTORY
Filed by Bureau of Development Services for inclusion in PPD September 29, 2004.
Originally published as Bureau of Buildings Procedure No. B-1-2 dated August 17, 1987.

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